COMTEX (Qld) Pty Ltd
[2024] FWCA 37
•4 JANUARY 2024
| [2024] FWCA 37 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
COMTEX (Qld) Pty Ltd
(AG2023/5274)
COMTEX (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026
| Electrical contracting industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 4 JANUARY 2024 |
Application for approval of the COMTEX (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026
COMTEX (Qld) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the COMTEX (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
An issue arose regarding the Applicant’s explanation of the terms of the Agreement to employees and whether the Applicant had complied with ss 180(5) and 188(4A) of the Act. In response to the issue raised, the Applicant provided a witness statement of Mr Luke Ellis, ETU State Organiser. Mr Ellis outlined that the ETU (the Electrical Trades Union, a division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)) had been involved in negotiations for the proposed Agreement on behalf of its members employed by the Applicant and, on 12 December 2023, he had held a meeting with employees and explained the terms and effect of the terms of the proposed Agreement. That explanation detailed how the terms of the proposed Agreement were more beneficial than the current Award (Electrical, Electronic and Communications Contracting Award 2020), including but not limited to terms in respect of wage increases each year of 7%, 5% and 5% respectively, the employment of a minimum ratio of apprentices, the union delegate and employee representative’s clause, redundancy payments, income protection and additional allowances like a technology allowance.
In determining whether s 180(5) has been complied with, the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 provides, under principle/paragraph 10, that the Commission may have regard to any explanation of the proposed enterprise agreement given to employees by one or more employee organisation(s) acting as bargaining representative(s) for a signification proportion of the employees covered by the agreement in question.
Having considered the Applicant’s evidence, including the evidence of Mr Ellis, I am satisfied that there has been compliance with ss 180(5) and 188(4A) of the Act.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the CEPU, I note that the CEPU is covered by the Agreement.
The Agreement was approved on 4 January 2024 and, in accordance with s 54, will operate from 11 January 2024. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
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